Thank you I'll do that now, I'll no doubt be back when I get a reply (or not) for next steps. Thanks for your help.

send everyone your are blindly paying a new CCA request

then scan it up SO WE CAN CHECK IT!!

ive merged your old thread for you too.

not sure where anyone said to ever speak to a no power DCA on the phone

they ARE NOT BAILIFFS!!

and have zero legal powers!!

a DCA cannot default your credit file

it would have been the original creditor that did that before they sold it on.

if the OC did not default you after your 3rd missed/short payment

then id be complaining to THEM.

the defaults should have been registered in 2011 on most of your debts [unless this one is newer credit since then] so should no longer even be showing on your file

Agree with Renegade, stop talking to them, it's a waste of energy.

And yes I have been in your situation, from 2007 onwards I accumulated 50,000 pounds of debt on Credit, Cards among approximately 12 different lenders. I never paid them anything, and now it's all statute barred, and my credit file is clean because I took the advice on here.

Thanks guys, just as a matter of interest does the same apply to a CCJ for a CC debt that has now been passed onto a DCA?

same what?

Should I send them a CCA Request?

Nope, a CCJ has gone beyond a CCA Request.

Why didn't you defend the claim?

The CC company took us to court because we hadn't paid

- we had made an offer which they didn't accept.

I was in hospital at the time when it went to court and the court ruled we had to pay it,

we wrote to the court and got a reduced payment agreed and have paid that.

Last year we got a letter from a DCA saying they now had the debt and we should pay them.

CC companies very rarely do court

who took you to court?

who was the claimant?

so you did a N245 and got the forthwith judgement varied.

so who was the claimant?

when?

and who do you pay now?

It was 2011, Lloyds TSB, they put SCM Solicitors onto us. DCA is Moorcroft.

I can't remember what we filled in from the court but I can dig it out. We contacted them, they sent us something and they agreed to the same amount we had originally offered as a monthly payment - though now the debt increased because of court costs.

Regarding the new owner of the CCJ, check to see if they are the named party on the CCJ. For them to collect, they need to apply to the court to be substituted as the creditor. Very rarely this happens, and the DCA likes to bluff people.

Lloyds via SCM [their in house legal team SCM] we one of the very few original creditors that litigated at that time.

so they agreed, was this via a tomlin/consent order, if so no CCJ should have gotten registered if you kept up payments.

if you didn't you would have been sent a further court letter?

remember anything.

if the DCA is now Moorcroft

who do Moorcroft list as their clients, as Moorcroft only chase they don't BUY debts?

No.... there was a judgment DX...OP made an admittance.

" - we had made an offer which they didn't accept.

I was in hospital at the time when it went to court and the court ruled we had to pay it, "

I sent the CCA requests to IDEM and received letters back stating :-

Unfortunately we are unable to supply copy of the CA at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.

The balance of the account is still outstanding and we will continue to pursue this debt which will include registering any arrears and defaults with the credit reference agencies. We can confirm the balance on your account of £xx remains due and payable and we will continue to contact you to discuss repayment proposals.

In the meantime we attach a statement of account detailing transaction history which will also display any fees and charges (there are no fees or charges)

You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement.

Letter was dated 23rd Jan and to date I have not received a copy of the agreement.

Can you please advise next steps.

Don't pay or send them anything, let the statute bar clock tick. Only time to write to them is if you change address.

Yesterday I received a letter and a copy of the original credit agreement with MBNA.

The letter states 'We have therefore now fully complied with our obligations regarding this matter and the debt once again becomes enforceable'

They enclosed our original application and which was filled in by hand by my husband and they also included the attached.

Can you please advise.

Thank you

CoU.pdf

that's not a credit agreement and neither is an application form.

Thank you DX, so do I tell them that or just continue to ignore?

you most certainly don't and do.

We received another letter yesterday, saying we haven't set up a payment agreement and unless we rectify in 7 days they will either send our account to their interal recoveries dept or place it with an external dca for recovery.

At the end it states Late payment and arrears will be reported to the credit reference agency and may affect your ability to obtain credit in the future.

I'm fully aware that our credit rating is rubbish and am not bothered about that, what does concern me is it may well affect my husbands work.

He currently has SC clearance but with a review date

- we fully disclosed our previous credit problems and detailed our payment plans to resolve them when he applied for clearance.

When he gets reviewed and it shows that we have stopped paying some of these off they may withdraw his clearance which will stop him being able to work.

I know you won't agree with this at all but I am tempted to offer a Full and Final payment, just to stop this getting worse again (for me personally and my mental health) and it affecting my husbands ability to work.

We are just getting on our feet again.

Given what I've explained about the SC would you have any additional advice please?

the trouble with SC clearance is people rush to reveal details that they are not required to do

if it doesn't show on your credit file..you don't tell them.and this debt was defaulted years ago and has fallen off under the 6yrs rule and can never comeback.

They were still on the file though, as I mentioned in an earlier post the DCA put a new default on 4 years ago when I lowered the payments

have you proof if/when the OC defaulted this at poss an earlier date..i suspect it must have been?

if not check it via an sar. and get the proof and demand the dca remove it.??

Thanks

I can probably dig that out, I keep almost everything. If I do find it, do I send a copy to the DCA? and if so what do I tell them?